Pasadena robbery offenses pursuant to California Penal Code Section 211 PC are very serious felonies that can carry significant consequences for those convicted. Robbery is treated as a “strike” under California’s Three Strikes law, which means that any conviction can be used to enhance the penalties assessed on future convictions.
Robbery is defined as the unlawful taking of property from someone else by using either force or fear. Under the law, the value of the property involved is irrelevant and the robbery can be carried out by use of a threat or with a weapon. Those convicted of robbery can be sentenced to serve up to five years in prison. This sentence can be increased if the defendant used a weapon in the robbery or if the victim is harmed.
There are two different classes of robbery that can be charged in Pasadena; first degree and second degree. If the robbery offense took place in the victim’s home, during a carjacking, at an ATM machine or against a cab driver, the offense is considered first degree robbery. Any other robbery offense is considered second degree robbery. First degree robbery is punishable by up to nine years in prison, while those convicted of second degree robbery can be sent to prison for up to five years. In addition to prison sentences, the defendant would have to pay restitution to the victim as well as significant court fines. As a felon, the defendant would lose his or her right to own or possess firearms and may permanently lose the right to vote.
To prove the defendant is guilty of robbery, a prosecutor from the Pasadena Branch Office of the Los Angeles County District Attorney’s Office must prove the following elements beyond a reasonable doubt:
- The defendant took property not belonging to him or her
- The property involved was taken from the other person’s immediate possession and presence.
- The victim did not consent to the taking of the property.
- The defendant used force or fear in taking the property.
- AND the defendant intended to take away the property permanently from the victim or for such a period of time that the owner was deprived of the value or enjoyment of the property.
For the defendant to be guilty of a Pasadena robbery offense, he or she must have formed the intent to take the property from the victim prior to or during the time when the property was taken. If this was not the case, the defendant would not be criminally liable under California Penal Code Section 211 PC.
Under the robbery statute, “fear” is defined as the threat of injury to the victim or the victim’s family or property.
There are a number of defenses that may asserted in fighting charges of robbery in Pasadena. If the defendant has a claim of right to the property involved, or an otherwise honest or reasonable belief that he or she owns the property, then the defendant would not be guilty under the robbery statute for trying to reclaim the property. However, the defendant could still be charged with criminal threats under California Penal Code Section 422 PC or battery pursuant to California Penal Code Section 242 PC.
There are a number of factors that, if present, can enhance the punishment assessed on any Pasadena robbery conviction. If there were multiple victims involved, the defendant can be charged with an individual count of robbery for each victim. If the defendant used a firearm in the commission of the robbery, he or she can be sentenced to serve up to ten years in prison. If the gun is fired during the robbery, the defendant can be sent to prison for up to twenty years.
If you or a loved one have been charged with a Pasadena robbery offense, it is critical that you discuss your case with a Pasadena Criminal Defense Lawyer as soon as possible. Pasadena Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who previously prosecuted serious offenses like robbery at the Pasadena Courthouse. Mr. Kraut is highly respected in Pasadena by judges, prosecutors and law enforcement officers for his unmatched litigation skills and his extensive knowledge of law.
For more information about Pasadena robbery offenses, and to schedule your free consultation, contact Pasadena Criminal Defense Attorney Michael Kraut at the Kraut Law Group located at 790 East Colorado Boulevard, 9th Floor, Pasadena, CA 91101. Mr. Kraut can be reached 24/7 at 626-345-1899.